SJC

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UPDATE – Massachusetts Supreme Judicial Court Finds Doctrine of Abatement Ab Initio Outdated, Reinstates Aaron Hernandez’s Conviction

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By Monica Delateur

On April 19, 2017, former New England Patriots football player Aaron Hernandez committed suicide at the Souza-Baranowski Correctional Center outside of Boston, Massachusetts.  At the time of Hernandez’s death, the appeal of Hernandez’s conviction for the murder of Odin Lloyd was pending in front of the Supreme Judicial Court of Massachusetts. This high-profile suicide sparked a debate around the doctrine of abatement ab initio, applied in Massachusetts as well as a number of states at the time of Hernandez’s death . . .

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Michelle Carter Conviction: Words Alone May Finally be Enough

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By Laurel Newman

In the wake of the Michelle Carter decision, many questioned how Ms. Carter’s actions amounted to involuntary manslaughter. While the facts of this case have been found to satisfy involuntary manslaughter, Carter’s actions may have been more appropriately and effectively handled by cyberbullying laws . . .

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What is abatement and why is everyone in MA talking about it? (Updated February 7, 2018)

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By Monica Delateur

With the discussion surrounding Aaron Hernandez’s conviction, acquittals, and suicide, are you wondering why there is also a discussion of abatement? Though not necessarily a new legal development, abatement could allow Hernandez’s conviction to be avoided. Read on for a quick summary . . .

Post-Conviction DNA Testing in Massachusetts

By Monica Delateur

A case heard by the Supreme Judicial Court of Massachusetts (SJC) on April 3, 2017, has the potential for the SJC to determine the extent of Massachusetts‘s post-conviction DNA statute Mass. Gen. Laws ch. 278A.  Section 278A was passed in 2012, and as discussed in Commonwealth v. Moffat, allows a defendant to bring a post-conviction motion for DNA testing if the analysis has the potential to result in evidence material to the identification of the perpetrator of the crime in the underlying case . . .